"Briefly" by The University of Chicago Law Review - podcast cover

"Briefly" by The University of Chicago Law Review

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This is "Briefly," a podcast produced by The University of Chicago Law Review. Join us as we discuss current cases, contemporary controversies, and the forefront of legal scholarship.
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Episodes

When Are Vaccine Mandates Constitutional?

As states and the federal government impose vaccine mandates to curb the spread of COVID-19, the constitutionality of those mandates has come into question, particularly with regard to religious freedom. Constitutional challenges to state and federal vaccine mandates have found varying success before the Supreme Court. Host Reagan Kapp and Professor Nathan Chapman (U. of Georgia School of Law) discuss the interplay between the First Amendment, freedom of religion, and vaccine mandates.

Mar 02, 202246 min

Protests, a Pandemic, and the Right to Assemble

The First Amendment of the U.S. Constitution guarantees the "right of the people peaceably to assemble." The recent prevalence of protest movements, alongside a global pandemic, has influenced the interpretation of this right. Host Kyra Cooper speaks with Professor John Inazu (WashU School of Law) about the right to assemble and its interaction with modern events. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Feb 09, 202238 min

The Abandonment of Adoptees

In 2020, YouTube influencer Myka Stauffer received widespread criticism when she revealed her family had given away her adopted son to another family. Host Kyra Cooper speaks with Professor Cynthia Hawkins (Stetson U. College of Law) about the unregulated custody transfer of adoptees and the legal regime surrounding the adoption process. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Nov 17, 202140 min

Teaching Constitutional Law

In a new University of Chicago Law School seminar, Professor Emily Buss (U. Chicago Law) and ten law students co-taught incarcerated high school students about the constitutional rights of minors. Host Andrew Zeller, Professor Buss, and Heidi Mueller, director of the Illinois Department of Juvenile Justice, discuss the rewarding and challenging aspects of the course. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Nov 03, 202155 min

The Role of the Public Defender

Appointed as Cook County public defender in March 2021, Sharone Mitchell, Jr. took office with a vision to serve as "an engine for progressive systems change." Host Dylan Platt speaks with Cook County Public Defender Sharone Mitchell, Jr. and Professor Judith Miller (U. Chicago Law) on the evolving role of public defenders at the state and federal level. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Oct 20, 202145 min

Federalism and Elections

A mere six votes determined the outcome of the 2020 election in Iowa's 2nd congressional district, revealing the delicate balance of power between elections shared by states and the federal government. For the inaugural episode of season five, hosts Kyra Cooper and Rachel Smith discuss the role of the federal government in state-run elections with Professors Derek Muller (University of Iowa Law) and Franita Tolson (USC Gould Law). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from benso...

May 19, 202149 min

Stories of Student Speech (Part 2)

Last week, the Supreme Court heard oral argument in Mahanoy Area School District v. B. L.—its first student-speech case in more than a decade. In this second part of a special Briefly season finale, Adam Hassanein and Professor Emily Buss (U. Chicago Law) discuss Mahanoy, how new technology has changed the speech landscape, and how the Supreme Court could transform students' right to speak their minds. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

May 07, 202134 min

Stories of Student Speech (Part 1)

The Supreme Court hears argument today in its first student-speech case in more than a decade. In this first part of a special Briefly season finale, Adam Hassanein digs deep with plaintiffs and attorneys from the Court's legendary speech cases, who tell their student-speech stories. Guests: John & Mary Beth Tinker (from Tinker v. Des Moines); Matthew Fraser (from Bethel v. Fraser); Cathy Kuhlmeier (from Hazelwood v. Kuhlmeier); and attorney Douglas Mertz (from Morse v. Frederick).

Apr 28, 20211 hr 26 min

NIMBYism and the Politics of Zoning

"Not in my backyard" has kept the dream of an affordable home beyond the reach of many Americans. Lee Anne Fennell (U. Chicago Law) joins host Taiyee Chien to explain how and why zoning rules constrict affordable housing—and which reforms could change everything. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Apr 22, 202141 min

Access to Justice

Huge numbers of civil cases feature at least one party who lacks legal representation. Host Adam Hassanein and Professor Anna Carpenter (Utah Law) discuss the ins and outs of the access-to-justice problem—and solutions sounding in law, policy, and human decency.

Mar 31, 202148 min

The Shadow Docket

What on earth is the Supreme Court’s “shadow docket”? Steve Vladeck (U. Texas Law) and Kate Shaw (Cardozo Law) join host Deb Malamud to explain the Court’s unusual—and controversial—way of resolving some of our nation’s most pressing legal controversies. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Feb 17, 202133 min

The United States Of Bankruptcy

The COVID-19 pandemic has brought longstanding public pension crises to a boiling point. Defaults would be catastrophic. But what if states could file for bankruptcy, like cities can? Host Matthew Reade and Professor David A. Skeel (U. Penn Law) discuss the promise and pitfalls—constitutional, political, and practical—of states in bankruptcy. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Jan 06, 202152 min

NPAs and DPAs: 10 Years Since Massey

When companies break the law, prosecutors often turn to deferred or non-prosecution agreements to induce reform. But some criticize DPAs and NPAs as an escape hatch for companies to pay their way out of liability. Host Nathan Tschepik discusses DPAs, NPAs, their critics, and their future with Profs. Andrew Boutros (U. Chicago Law) and Brandon Garrett (Duke Law). To take a peek at some of these agreements, check out the Corporate Prosecution Registry (corporate-prosecution-registry.com). Twitter ...

Dec 23, 202051 min

Law, Psychology & False Confessions

Why do people confess to crimes they didn't commit? Host Taiyee Chien and guest Professor Richard A. Leo (U. San Francisco Law) explore the difficult and persistent psychological phenomenon of false confessions—and how the law can address it going forward.

Nov 11, 20201 hr 12 min

Presidential Power & Its Limits

President Obama used his "pen & phone" to transform the immigration laws. President Trump declared an emergency to fund his border wall. Presidential power seems ascendant—or is it? John Yoo and Sai Prakash join host Miriam George to discuss presidential power, its limits, and its future. Guests: Profs. John Yoo (UC Berkeley Law) & Sai Prakash (U. Virginia Law) Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Oct 14, 202041 min

Critical Race Theory v. Law & Economics

Critical race theory versus law and economics: A clash of titans, or an emergent alliance? Hosts Adam Hassanein and Deb Malamud ask experts in the field how different these legal frameworks really are—and what they have in common. Guests: William H.J. Hubbard (U. Chicago Law) & Jonathan Feingold (Boston U. Law). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Sep 30, 20201 hr 23 min

Of Consent and Butt-Dials

Do you enjoy a reasonable expectation of privacy for pocket dials? The answer might surprise you. Host Deb Malamud chats with several privacy law experts to explore this complex legal question and its implications for how we interact in a tech-centered world. Guests: Lior Strahilevitz (U. Chicago), Margaret Hu (Penn State), and Julian Sanchez (The Cato Institute). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Aug 05, 202045 min

The Future of Affirmative Action

Amid a national conversation about race, affirmative action in universities has become a key issue of contention, with California set to revisit its affirmative action ban this November. Host Taiyee Chien leads a spirited discussion about affirmative action and its future. Guests: Professor Geoffrey Stone and Adam Mortara. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Jul 02, 20201 hr 17 min

COVID in the Markets

Matt Levine of Money Stuff fame joins Briefly to discuss insider trading, stock buybacks, the Fed's extraordinary market interventions, and how everything is securities fraud. Guest: Bloomberg columnist Matt Levine (@matt_levine). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

May 25, 202046 min

COVID in the Courts

To kick off our fourth season, we dig deep into COVID-19's effect on the courts. Guests: Chief Judge Diane Wood and Judge Michael Scudder of the U.S. Court of Appeals for the Seventh Circuit. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

May 11, 202036 min

Suing State Sponsors of Terrorism

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing suing state sponsors of terrorism with Stuart Newberger, a partner at Crowell Moring. This is the last episode of our third season, and we at the University of Chicago Law Review want to thank you all for tuning in, as we explored some fascinating legal questions this year. We look forward to meeting again for Season 4! Check us out on Twitter at uchilrev, and our website at lawreviewblog.uchicago.edu/ ...

Apr 29, 202031 min

The SEC Whistleblower Program

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing the SEC whistleblower program. Here to help us understand this topic is Jordan Thomas, who was one of the principal architects of that program when he served as an Assistant Director at the SEC. Mr Thomas is now a partner at Labaton Sucharow, where he established the nation's first whisteblower practice focused exclusively on federal securities law violations. Check us out on Twitter at uchilrev, and ou...

Apr 08, 202028 min

Interpreting the Law through Corpus Linguistics

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing Corpus Linguistics, which is a sub-field of linguistics that employs database searches to study language usage. Through this linguistic method, jurists, lawyers, and legal academics can add empirical rigor to textualist assumptions regarding the legal meaning of words, based on how they are used in practice. We're joined by Justice Thomas Lee, Associate Justice of the Utah Supreme Court, to help us unde...

Mar 18, 202028 min

Experimental Jurisprudence

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing Experimental Jurisprudence, which is an emerging field that uses empirical methods, particularly from the cognitive sciences, to clarify important concepts in the law. For example, scholars in this field conduct experiments to understand what ordinary people make of legal concepts, such as reasonableness. We're joined by Roseanna Sommers, who is a Bigelow Fellow at the University of Chicago Law School a...

Feb 26, 202031 min

Social Media and Market Manipulation

This is Briefly, a production of the University of Chicago Law Review. Today we are discussing social media influencers and their ability to manipulate markets. We also discuss the legal regime that governs influencers and the agencies, namely the SEC and FTC, that regulate them. We're joined by Anna Pinedo, a partner in Mayer Brown's Corporate & Securities practice and an adjunct professor at the George Washington University School of Law, and James Cox, the Brainerd Currie Professor of Law...

Feb 05, 202030 min

Is Half of Oklahoma Tribal Land?

This is Briefly, a production of the University of Chicago Law Review. Today we are discussing two cases pending before the Supreme Court, which will determine whether roughly half of the land in Oklahoma is actually an Indian Reservation . We're joined by Elizabeth Reese, a Bigelow Fellow at the University of Chicago Law School, and Matthew L.M. Fletcher, Professor of Law and Director of the Indigenous Law & Policy Center at Michigan State University College of Law. Check us out on Twitter ...

Jan 15, 202032 min

Universal Basic Income

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing the Universal Basic Income, which is a wealth transfer policy endorsed by many politicians and academics. We're joined by Professors Daniel Hemel and Todd Henderson of the University of Chicago Law School, who help us analyze the legal, economic, and philosophical questions that the UBI raises. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensoun...

Dec 18, 201935 min

When Should Courts Overturn Precedent?

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing when courts should overturn precedent. We're joined by two legal scholars who have studied this question: Professor William Baude of the University of Chicago Law School and Professor Richard Re of UCLA School of Law. We discuss the value of stare decisis, competing theories of precedent, and the current Supreme Court justices' views on when precedent should be followed. Check us out on Twitter at uchil...

Nov 27, 201929 min

Supreme Court Advocacy and the Separate Sovereigns Doctrine

This is Briefly, a production of the University of Chicago Law Review. Today we’re covering Supreme Court advocacy and the separate sovereigns doctrine with Michael Scodro, partner at Mayer Brown. We discuss Mr. Scodro's experiences arguing before the Supreme Court and the Court's recent Gamble decision, which analyzed whether the Double Jeopardy Clause protects a defendant from prosecution by both the state and federal governments. Check us out on Twitter at uchilrev, and our website at https:/...

Nov 06, 201923 min

Who Do Corporations Serve?

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing who corporations serve. There has been a widespread belief for several decades that corporations exist to serve the interests of their shareholders. But that idea has come under increasing pressure by those who believe corporations should serve the interests of all of their stakeholders, including customers, employees, and the communities in which they operate . We spoke with Professor Eric Posner of th...

Oct 16, 201937 min
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